Doctrine of limitation of advertising as commercial information in jurisprudence of constitutional court of the republic of Lithuania

Laimonas Markauskas

Abstract


The article analyzes the jurisprudence of the Constitutional Court of the Republic of Lithuania that deals with limitation of advertising, and discusses the terms and conditions of limitation of advertising, and interpretation thereof in the rulings of Constitutional Court.
The article discusses freedom of information as one of the essential human rights and values of modern civilization, which at the same time is a precondition for materialization of other human rights and freedoms. One of the forms of information is advertising is information of commercial nature that promotes purchase of goods or services. The article discusses in brief the conception of advertising as one of the forms of information, as discussed in the Constitutional Court rulings, and conducts a short investigation into the difference that exists between advertising and other forms of information.
Whereas advertising is information of a certain nature, the freedom of information is applicable to advertising as well, however, as regards advertising, this right is used by legal entities. Though this interesting aspect of freedom of information is not specially accentuated by the Constitutional Court of the Republic of Lithuania, it is nevertheless discussed in the article.
The article focuses on the doctrine of limitation of advertising in the case practice of the Constitutional Court of the Republic of Lithuania – the article analyzes the conditions under which advertising is subject to limitation: the limitations of advertising shall be established by law, they shall have legitimate aim (protection of other constitutional values), they shall be necessary in democratic society, and they shall be proportionate. The article widely discusses each of the conditions necessary for limitation of advertising and analyzes how those conditions are interpreted by the Constitutional Court of the Republic of Lithuania.

Keywords


constitutional court; grounds of limitation of the freedom of information; advertising; restrictions of advertising; conditions of limitations of advertising

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236